An Israeli court ruled on Monday in favor of a couple who gave birth to a baby girl after an in-vitro fertilization (IVF) mix-up, confirming that they will remain her legal parents despite not having a genetic connection. The ruling, made by the Central District Court, overturned a previous decision, emphasizing the importance of keeping the child with the parents who raised her.
The case began after a mix-up at Assuta Medical Center in Rishon Lezion, where an embryo from another couple was mistakenly implanted into the woman’s womb. The mistake was uncovered after genetic testing following the child’s birth. The couple raising the baby, named Sophia, were overjoyed by the court’s decision. They expressed relief, stating, “We are thrilled and emotional over the ruling that corrected the injustice done to us in the lower court.” They added that they hoped the ruling would bring peace and allow them to focus on raising their daughter in a stable environment.
Galit Kerner, the couple’s attorney, praised the court’s decision, calling it “a sensitive and humane ruling” that recognizes the importance of keeping children with the parents who raised them. However, the biological parents of the child expressed disappointment. They stated, “We are shocked and heartbroken by this decision, which reverses the Family Court ruling.” They argued that their daughter should have been raised by her biological family and expressed concerns about the long-term effects of the mix-up.
Attorneys for the biological parents criticized the ruling, claiming it sets a dangerous precedent in the realm of fertility treatments. They warned that it could encourage mistakes in IVF procedures without proper accountability.
The court took several factors into account in its decision. It emphasized that the birth mother, unaware of the IVF error, had risked her life to save the baby. She underwent surgery to correct heart defects in the fetus despite medical advice to terminate the pregnancy. The judges also noted that both she and her partner had been devoted to Sophia’s care from birth.
In making their ruling, the judges stressed the importance of certainty in legal parentage. They argued that genetic testing should only be used to inform the child about her origins, not to determine legal custody. The ruling referenced Israeli laws related to surrogacy, egg donation, and civil registry statutes, along with Jewish legal interpretations.
The court also determined that the woman’s partner should be recognized as Sophia’s legal father due to his connection with the birth mother. In the child’s best interest, the court ruled that she should remain with the couple who had raised her, acknowledging the potential harm from severing that bond.
Finally, the court emphasized that Sophia should be taught about her biological roots in an age-appropriate manner. Welfare authorities will help ensure that the child maintains contact with her biological parents while keeping the couple who raised her as her legal guardians.
The mix-up was discovered in September 2022 after genetic testing revealed the lack of a biological connection between the couple and the fetus. This led to a lengthy legal battle over parental rights, following significant procedural errors at the fertility clinic.
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